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  1. #1
    jonathanw84 is offline Junior Member
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    Angry HELP regarding an SSDI Overpayment...please read!

    What is the name of your state (only U.S. law)? California

    Hello everyone,

    The reason that I am posting is because my fiance received a notice in the mail from Social Security saying that she owes them $19,000. My fiance is not currently receiving benefits, and has not since she was 18 years of age. Her mother received them and still does, and between the years of 1997-1999 her mom never reported her extra income. My fiance was 11 years of age at the time, still a child.

    Now today, Social Security is demanding that she pay back $19,000 in an overpayment to them. Her mom (who she does not have a relationship with in any sense of the word) does not have the ability to pay it back and now they're coming after her. She filed a waiver, and it was denied because although it was not her fault, Social Security claims that she has the "ability to pay it back", because she has a decent job. She has since requested a hearing with an Administrative Law Judge. We have also contacted our local congressman and are going to the media about this too, since we believe the general public would interested in hearing about how the Social Security Admin screws over average, honest, hard working people while big business gets continued bailouts.

    Any advice on this kind of case? It seems morally wrong to force her to repay, and definitely against the "equity and good conscience" that the Social Security Act speaks about. All help would be appreciated!

    Thank you!

    Jonathan
  2. #2
    Madame Curie is offline Junior Member
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    I went through an equally unfair and similar situation (actually, I'm still going through it. These things don't go away or get resolved nicely). I don't think they are coming after her because her mom owes debt just on her mom's benefits. Her mom must have been payee for benefits for your fiance.

    Did your fiance receive the moneys they are attempting to collect? If so, then she very well might have to pay it back.

    I recommend you work with someone at a local social security branch. That is the only thing that got something happening in my favor.
  3. #3
    tartan84 is offline Junior Member
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    Why does this always happen?

    It seems like everywhere I read about social security, this situation always shows up. It sounds like this woman has not received benefits for a very long time and now years later she gets this notice, how does this happen? I will be getting off SSI next month, do I have to worry for the rest of my life that this may happen to me? Please someone give me some hope.....
  4. #4
    jonathanw84 is offline Junior Member
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    Quote Originally Posted by Madame Curie View Post
    I went through an equally unfair and similar situation (actually, I'm still going through it. These things don't go away or get resolved nicely). I don't think they are coming after her because her mom owes debt just on her mom's benefits. Her mom must have been payee for benefits for your fiance.

    Did your fiance receive the moneys they are attempting to collect? If so, then she very well might have to pay it back.

    I recommend you work with someone at a local social security branch. That is the only thing that got something happening in my favor.
    She lived with her dad at the time in Florida (she was a child at the time). Her dad was her payee, but they recieved the money because her mom received SSDI.

    The local Social Security branch here is HORRIBLE. They do not want to work with her and do not call her back for anything.
  5. #5
    Madame Curie is offline Junior Member
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    Can you guys find a different branch? It really is a matter of getting someone who cares and for some reason (budget cuts?) during summer, my guy stopped calling me back, no matter how many messages I left. I had to physically go down there and wait and wait and wait just to get to speak to him. Before summer he always called back within the same week so I don't know what happened.

    I don't know. My situation was different and I honestly don't know if they will be willing to waive the money or transfer the debt to her parents soley since she did receive it (even as a minor).

    Good luck. I hope you get somewhere. Don't expect anything to move quickly. I've been actively dealing with my situation since March, but it has been an issue for a couple years now.
  6. #6
    BL
    BL is offline Senior Member
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    SSA.GOV


    It's not my fault that Social Security paid me too much money. Do I still have to pay back an overpayment?
    Answer
    If you were not at fault in causing the overpayment, you may not have to repay it. You may request a waiver of repayment of the overpayment at any time by completing Form SSA-632 and returning it to your local office or you may call us at the toll-free number shown on your overpayment notice or visit your local office. If you no longer have your notice, you may call us at 1-800-772-1213. In addition to showing that you were not at fault in causing the overpayment, you must show that repayment of the overpayment would deprive you of income needed for ordinary living expenses or that repayment would be unfair for another reason.



    I was representative payee for my brother's and his benefits were terminated. Why am I being billed for the overpayment?
    Answer

    Both the individual and the representative payee are responsible for repayment when the overpaid funds were used for the individual's support and maintenance and the payee knew, or should have known, of the facts causing the overpayment. If the overpaid funds were used for the individualís support and maintenance and the payee was not aware of the facts causing the overpayment, only the individual is responsible for repayment. If the overpaid funds were not used for the overpaid individual's support and maintenance, the representative payee is solely responsible for repayment.

    Repayment:

    [url=http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_alp.php?p_sid=zB-gSLlj&p_accessibility=0&p_redirect=&p_lva=&p_li=&p_page=1&p_new_search=1&p_search_type=answers.searc h_nl&p_sort_by=&p_search_text=repayment+&p_pv=&p_cv=&p_prods=&p_cats=0&p_accessibility=0&p_redirect=]Find An Answer to Your Question[/url]
  7. #7
    P-rod is offline Junior Member
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    Jonathan dId your fiance resolve this?

    Quote Originally Posted by jonathanw84 View Post
    What is the name of your state (only U.S. law)? California

    Hello everyone,

    The reason that I am posting is because my fiance received a notice in the mail from Social Security saying that she owes them $19,000. My fiance is not currently receiving benefits, and has not since she was 18 years of age. Her mother received them and still does, and between the years of 1997-1999 her mom never reported her extra income. My fiance was 11 years of age at the time, still a child.

    Now today, Social Security is demanding that she pay back $19,000 in an overpayment to them. Her mom (who she does not have a relationship with in any sense of the word) does not have the ability to pay it back and now they're coming after her. She filed a waiver, and it was denied because although it was not her fault, Social Security claims that she has the "ability to pay it back", because she has a decent job. She has since requested a hearing with an Administrative Law Judge. We have also contacted our local congressman and are going to the media about this too, since we believe the general public would interested in hearing about how the Social Security Admin screws over average, honest, hard working people while big business gets continued bailouts.

    Any advice on this kind of case? It seems morally wrong to force her to repay, and definitely against the "equity and good conscience" that the Social Security Act speaks about. All help would be appreciated!

    Thank you!

    Jonathan
    Hi Jonathan. I am in the same situation. To my amazement the SSA took my $3900 tax refund for 2009, due to an $8000 amount that they say I owe them from 1999, when I was 17. My parents were divorced, and I lived with my father. He recieved monthly payments on my behalf, from SSA due to my mothers' disability. My mother who receivces disability for manic depression, apparently was working during this time. So, back in 2002, the SSA asked for the $8000 back from my father. He was not able to pay, due to his poor health and stacking medical bills, and passed away in 2003. And I guess the debt has been passed along to me. Seriously, 10 years later? I'm 28 years old. It took them this long?


    If anyone has information on this matter, please let me know.

    Thanks,

    P-Rod

    Please let me know your progress...
  8. #8
    jvwguy is offline Junior Member
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    SSDI Overpayment

    Hello all,

    My father was on SSDI and received a check. In turn as a minor thats how my mother received her check for myself and my brother. She was "In care of" our checks.

    Now here is the issue.

    My father get a letter stating he was overpaid. So in turn he files a waiver and it gets accepted.

    6 months later my mother gets a letter stating she was overpaid. 16 years after she stops getting the checks for my brother and I. So she files awaiver. She is still waiting to hear from SSI but the agent told her that if she gets the overpayment waived that they may come after myself and my brother.

    How can they come after payment that was maid to a minor child in care of their mother?

    How long can they wait before demanding repayment?

    Has anyone else been through this and not had to repay?

    SSI cant give us any info other than how much we were overpaid.

    Not to mention that my father was remarried and started getting a check for his step daughter. Is that legal or right?

    Any help would be great! Thanks
  9. #9
    BL
    BL is offline Senior Member
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    Quote Originally Posted by jvwguy View Post
    Hello all,

    My father was on SSDI and received a check. In turn as a minor thats how my mother received her check for myself and my brother. She was "In care of" our checks.

    Now here is the issue.

    My father get a letter stating he was overpaid. So in turn he files a waiver and it gets accepted.

    6 months later my mother gets a letter stating she was overpaid. 16 years after she stops getting the checks for my brother and I. So she files awaiver. She is still waiting to hear from SSI but the agent told her that if she gets the overpayment waived that they may come after myself and my brother.

    How can they come after payment that was maid to a minor child in care of their mother?

    How long can they wait before demanding repayment?

    Has anyone else been through this and not had to repay?

    SSI cant give us any info other than how much we were overpaid.

    Not to mention that my father was remarried and started getting a check for his step daughter. Is that legal or right?

    Any help would be great! Thanks
    You need to delete your post and start your own AS NEW THREAD.

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